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ORD 271 ORDINANCE NO. 271 1/ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES RELATING TO GRAFFITI PREVENTION AND REMOVAL AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY ORDAINS AS FOLLOWS: Section 1. Title 9 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Chapter 9.28 thereto to read as follows: CHAPTER 9.28 GRAFFITI PREVENTION AND REMOVAL 9.28. 010 Purpose 9.28. 020 Definitions 9.28. 030 Graffiti Constitutes a Nuisance 9.28. 040 Permitting Graffiti to Remain Prohibited 9.28.050 Penalties 9.28.060 Removal from Public Property 9.28. 070 Notice to Owners or Possessors of Private Property 9.28.080 Initiation of Abatement Proceedings 9.28. 090 Hearing Prior to Abatement, Notice of Hearing 9.28. 100 Posting and Serving Notice of Hearing 9.28. 110 Conduct of Hearing 9.28. 120 Order of Abatement 9.28 . 130 Abatement 9.28. 140 Assessment of Cost 9.28. 150 Sale of Paint in Aerosol Cans - When I/ Prohibited 9.28. 160 Prohibition of Possession of an Aerosol Paint Can in a Public Facility 9.28. 170 Restriction of Pressurized Containers and Indelible Markers 9.28. 180 Reward 9.28. 190 Parental Responsibility 9.28.200 Remedies Cumulative 9. 28.210 Severability 9.28. 010 Purpose. The purpose of this chapter is to establish a program for removal of graffiti from walls and structures on both public and private property and to establish regulations designed to prevent the further spread of graffiti in the City. 9.28.020 Definitions. For the purposes of this Chapter: (a) "City Manager" shall mean the City Manager of the City of Rancho Palos Verdes or his or her designee. (b) "Graffiti" shall mean any writing, printing, symbol, figure, design or other inscribed material written, sprayed, painted, scratched, etched, engraved, or otherwise applied to any exterior surface of a building, wall, fence, tree, sidewalk, curb or other structure without the prior consent of the owner or person in possession thereof. (c) "Indelible marker" means any marker, pen, or similar implement which contains a fluid which is not soluble in water and has a flat, pointed or angled writing surface of a width of one-quarter inch or more at its diameter. (d) "Pressurized container" shall mean any can, bottle, spray device or other mechanism designed to propel liquid which contains ink, paint, dye, or other similar substance which is expelled under pressure, either through use of aerosol devices, pumps, or similar propulsion device. 9.28.030 Graffiti constitutes a nuisance. Pursuant to California Government Code Section 38771 the City Council hereby declares that the maintenance of graffiti visible from public property or from a public street, alley or right of way constitutes a nuisance, the abatement of which shall be provided as set forth herein. 9.28. 040 Permitting Graffiti to remain prohibited. No person shall permit any graffiti which is within public view to remain on any building, structure, tree, shrub, sidewalk or curb owned or possessed by such person. 9.28. 050 Penalties. Violation of this Chapter shall constitute a misdemeanor punishable by a fine of not more than $1, 000, or by imprisonment in the County jail for a period not exceeding six months, or by both such fine and imprisonment. 9.28. 060 Removal from Public Property. The City Manager is hereby authorized to have graffiti removed from any property or structure owned by the City of Rancho Palos Verdes, and pursuant to California Government Code Section 53069. 3 i s authorized to remove -2- graffiti from any other publicly owned structure after securing the consent of the public entity having jurisdiction over the I/ structure. 9.28. 070 Notice to Owners or Possessors of Private Prop- erty. Whenever the City Manager determines that graffiti is being maintained upon any premises within the City in violation of Section 9.28. 040 of this Chapter, the City Manager shall send written notice to the owner or possessor of the premises of such condition and shall require that the graffiti be removed. The notice and order shall be sent to the owner as shown on the most recent equalized assessment roll and a copy shall be posted on the subject property. The notice shall state that the owner must remove the graffiti within fifteen (15) days from the date the notice was mailed. 9.28.080 Initiation of Abatement Proceedings. The City Manager may initiate proceedings to abate any graffiti maintained contrary to the provisions of this Chapter only after the following has occurred: (a) The City Manager has determined that graffiti within public view exists on particular premises in the City; (b) A notice of such condition has been sent to the property owner pursuant to Section 9.28.070; and (c) The property owner has failed to either remove the graffiti or consent to its removal by the City within the time period specified in the notice. 9.28. 090 Hearing prior to abatement, notice of hearing. Prior to the City abating graffiti on private property without the consent of the owner, a hearing before the City Manager shall be held at which time the property owner shall be given an opportunity to be heard regarding the proposed abatement. A notice of the time and place of the hearing before the City Manager shall be sent to the property owner not less than ten (10) days prior to the hearing. 9.28. 100 Posting and serving notice of hearing. (a) The City Manager shall cause to be served upon the owner as shown on the latest equalized tax assessment roll of the affected premises a copy of said notice and shall cause a copy thereof to be conspicuously posted on the affected premises. (b) Said notice shall be posted and served, as aforesaid, at least ten (10) days before the time fixed for such hearing; proof of posting and service of such notice shall be made -3- ORD. NO. 271 by declaration under penalty of perjury filed with the City Manager. (c) The failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter. 9.28. 110 Conduct of Hearing. The hearing to determine whether a nuisance exists shall be conducted by the City Manager or the City Manager's authorized representative. At the hearing, the City Manager shall consider all relevant evidence, including but not limited to applicable staff reports. Any interested person shall be given a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the City Manager shall determine whether a nuisance within the meaning of this Chapter exists. 9.28. 120 Order of abatement. The City Manager (within ten (10) working days of the hearing) shall give written notice of the decision to the owner and to any other person requesting the same. The notice shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in the control and/ or charge of the property, and shall set forth the nature of the graffiti, its location on the premises and the time and manner for its abatement. The City Manager may impose such conditions as are reasonably necessary to abate the graffiti. The decision of the City Manager may be appealed to the City Council by the filing of a written request for appeal with the City Clerk within ten (10) days after the City Manager's notice of the decision to the owner. 9.28. 130 Abatement. If the nuisance is not abated within the time set by the order of abatement, the City Manager is authorized to cause the entry upon the premises and to abate the graffiti nuisance with City equipment and City personnel. The City Manager shall then prepare a statement of the fact of such abatement and of the expense incurred in abatement and shall file the statement with the City Clerk. Such statement shall identify the premises and state the cost of the action taken. If the premises include more than one lot, each separate lot, or all of the lots may be set forth in the same statement. 9.28. 140 Assessment of Cost. Upon completion of the work required to abate the graffiti, the cost to the City to perform such work shall be assessed against the property owner pursuant to the procedures set forth in Section 8.24. 120 through 8.24. 160 of this Code. 9.28. 150 Sale of Paint in Aerosol Cans - When Prohibited. No person shall sell, give or in any way furnish an aerosol container of paint, including containers of six (6) ounces -4- or less, to another person who is under the age of eighteen years. This subdivision shall not apply to the furnishing of six (6) I/ ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of a minor's parent, guardian, instructor or employer. 9.28. 160 Prohibition of Possession of an Aerosol Paint Can in a Public Facility,. The City Manager is hereby authorized to post a notice at appropriate locations indicating that pursuant to California Penal Code Section 594. 1 no person shall carry any aerosol can of paint into or upon any City-owned building, grounds, park or other City facility without the permission of an authorized City officer. 9.28. 170 Restriction of Pressurized Containers and Indelible Markers. All persons offering for sale pressurized containers as defined in Section 9.28.020 shall restrict access to those items from the public by placing them behind a locked counter, cabinet, or other storage facility so that access to them cannot be gained without their being unlocked by an authorized employee, agent, or other authorized representative of said person. All persons offering for sale indelible markers as defined in Section 9.28. 020 shall keep such markers in a location where they can be in constant view of the employee, agent, or other authorized representative of the person selling the markers. 9.28. 180 Reward. The City may pay to any person who provides information which leads to the arrest and conviction of any person who applies any drawing, inscription, figure, or mark of the type commonly known and referred to as "graffiti" to any wall, rock, bridge, building, fence, gate, structure, tree, or other real or personal property, a reward as established by Council resolution. 9.28. 190 Parental Responsibility. Pursuant to Section 1714. 1 (b) of the California Civil Code, every parent or legal guardian having custody or control of a minor who defaces property by inscribing graffiti thereon shall be jointly and severally liable with such minor for any resulting damages incurred by the property owner in an amount not to exceed Ten Thousand Dollars ($10, 000) for each such act of defacement. 9.28.200 Remedies Cumulative. The remedies provided in this Chapter are in addition to other remedies and penalties avail- able under the Rancho Palos Verdes Municipal Code and the laws of the State of California. 9.28.210 Severability. If any provision, clause, sentence, or paragraph of this chapter, or application thereof to any person or circumstances is held invalid, such invalidity shall -5- ORD. NO. 271 not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications and, therefore, the provisions of this chapter are declared to be severable. Section 2 . The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 15TH day of October, 1991. �ty� lj& AAL 4MAY0 411 ATTEST: Ag, l CITY CLERK S TE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 271, passed first reading on October 1, 1991, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 15, 1991 and that the same was passed and adopted by the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, AND MAYOR HINCHLIFFE NOES: NONE ABSENT: RYAN ABSTAIN NONE CITY C RK, CITY OF RANCHO PALOS VERDES I/ -6- NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART NOTICE IS HEREBY GIVEN that on the day of , 19 at the hour of .M. , of said day, the City Manager or a designated representative of the City Manager will hold a public hearing in the Conference Room of City Hall, located at 30940 Hawthorne Boulevard, Rancho Palos Verdes, California, to ascertain whether certain premises situated in the City of Rancho Palos Verdes, State of California, designated as in said City, and more particularly described as . has graffiti on it visible from a public street or alley constituting a public nuisance subject to abatement. If said premises, in whole or in part, are found to have graffiti constituting a public nuisance as defined by the Rancho Palos Verdes Municipal Code and if the same are not properly abated by the owner, such nuisances may be abated by municipal authorities, and the cost of abatement will be assessed upon such premises and such costs will constitute a lien upon such land until paid. Said alleged violations consist of the following: Said methods of abatement available are: All persons having any objections to, or interest in said matters are hereby notified to attend a Hearing before the City Manager of the City Manager's designee to be held on the day of , 19 , at the hour of .M. , when their testimony and evidence will be heard and given due consideration. DATED: This day of , 19 �7- ORD. NO. 271 ORD. NO 271 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on 10/22/91 she caused to be posted the following document entitled: RELATING T JJGRAFF I T I PREVENTION AND REMOVAL AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd. , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360